HOPEWELL EXCAVATION, INC. v. BARRISTER ASSOCS. II


170 A.D.2d 887 (1991)

Hopewell Excavation, Inc., Appellant, v. Barrister Associates II et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 21, 1991


Mercure, J.

This action was commenced on February 19, 1987 and issue was joined in April 1987. On June 8, 1989, Supreme Court caused a notice pursuant to CPLR 3216 (b) (3) to be served upon plaintiff, demanding that a note of issue be filed and providing that, upon default for a period of 90 days, the complaint would be dismissed for unreasonably neglecting to prosecute. Plaintiff's attorneys received the notice...

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